قانون ٹارٹ كا فقہ اسلامى كى روشنى میں جائزہ

Tort law is an umbrella term for  laws  which cover issues of civil wrongs like defamation, trespassing and the other actions involving  violation of law. In case a person has undergone a physical, legal or any economic harm then he can file a suit under the tort law. Torts are civil wrongs recognized by law as grounds for a lawsuit. It is also generally known that tort in Islamic fiqh as “Jinayet”. This paper attempts to analys  by Islamic law in thel light of the  relevant verses for the Qur’an followed by the rules stated in traditions from the Prophet (Peace by on him). Jinayat the part of Shari’a that applies to homicide or physical  injury is called jinayat and is based on the pre-Islamic rules of Arab blood feud, as modified by Prophet (Peace be on him). The punishment is either retaliation or blood money (diyat). Retaliation occurs only upon  the request of the victim, if alive, or his nearest kin if the victim is dead, and is to be inflicted by victim or kin. In the case of homicide retaliation means death, in the case of injury it means imposing an identical injury. Where retaliation is one of the options, the victim or his closest kinsman may demand blood money instead, or negotiate an out of court settlement. Jinayat, like modern tort law, is based on private action; there is no official responsible for initiating the case.

Change of Sex and its Validity in Islam

Change of sex is being advised in different countries of the world for those individuals experiencing gender individuality disorders (GID). People who have gender disorder are always in stress because they are rejected by the society. They face taunt and humiliation by the people wherever they go. They do not get help by the law enforcement agencies or medical experts. They cannot get jobs therefore they are forced to adopt immoral and unlawful activities or beg to fulfill their basic needs. As medical science progressed, many methods were invented to help the sobbing individuals. But still the people who had gender disorder could not be able to get help in their cure. After a long wait the medical scientists were ultimately able to find out a solution for such people. In first attempt hormone therapy was introduced but it was not proved fully helpful. At last the doctors attempted to take a bold step and performed a sex reassignment surgery. This success ultimately resolved the problem of the gender disorder people. In the West, this development has become popular within the last few decades. Now in Asian countries this technique has also been utilized as a remedy to correct determination of sex. But like other researches, this research has been misused by opportunists. Those people who were condemned because of their sexual relationship with same genders, were not satisfied with their sexual needs. They find it as a golden chance for materializing their dreams and desires. So they started getting benefit from this technique and got their sex changed. Question arises whether the change of sex is permitted by different religions or not. Religious scholars all over the world are not validating the change of sex for some obvious reasons. Details of change of sex are not available at the moment. The scholars are trying to get the required information for necessary options. Because of the possibility of change of sex, it is the need of the day that Islamic perspective needs to be found, whether such change can be permissible or not. If yes, up to what extent? If not, why? And what will be the consequences of that change. Following questions were in my mind while choosing this topic. 1. What is the change of sex? 2. What are its methods? 3. What will be the reaction of the society towards sex changed person? 4. What will be the status of the sex changed persons in the society? 5. What will be the status of that person as per Islamic law of inheritance? 6. Can he become the imam for prayers? 7. What will be the advantages and disadvantages of this changing? 8. What are the maters behind the change of sex? 9. What is the historical background of the change of sex? . A short detail of my work is as follows: The first chapter discusses “Change of sex” which in turn has been divided into: “What is change of sex? And Historical Back ground of change of sex. The second chapter is about “Kinds of sex change”. In this chapter these aspects are covered in three sections. First one deals with need of sex change. The second will clear natural sex change. The third one deals with the most controversial issue i.e. artificial sex change. The third chapter converses “Anatomy of Human beings.” It is divided into three sections. The first one will explain the Male anatomy. The second one will cover the Female anatomy and the third one is about the anatomy of Hermaphrodite: kinds and diagnoses. The Fourth Chapter is about “Advantages and Disadvantages of sex change. The Fifth chapter is dealing with the main topic “Change of sex and its validity in Islam”. This will discuss the legal and illegal aspects of change of sex. At the same time it will clarify the status of sex changed person in different spheres of life as per Islamic law. The Sixth chapter will give the conclusion of all discussions of the dissertation. This research work is basically a comparative study of change of sex in the light of Islamic teachings. This is rather a new and contemporary topic and the material available is both scanty and secondary one that is why I had to face many problems during the compilation of this work. People were not ready to be interviewed. Their parents refused to meet me for any discussion on the topic. Material for literature review and further studies was available on the web and I therefore had to depend upon analyzing the relevant books, articles and Primary documents of Islamic sources (Quran and Hadith) and the sources of Ijma and Qiyas. There is nothing final in research and many new methods of sex change may be introduced in the near future and new analysis and conclusion from the religious scholars may alter the whole course of this study. However I am satisfied up to the extent that I fully utilized the sources available and drew best possible results